For several years, the case of Margaret Tessneer's mysterious death on Railroad Avenue in the fall of 2003 quietly languished, earning the designation "cold case.”

Tessneer was discovered by her daughter and son-in-law on a Saturday morning that September, her body lying on her bed, a nightstand lamp still burning, phone lines cut, her daughter Libby Clark testified in court last week.

She had been raped.

The screen door to her home had been torn and cement blocks found under her window, investigators testified last week.

Her body was dotted with bruises, contusions and an open abrasion on one arm, as documented in her autopsy report.

No arrests were made following her death.

Then, in April of 2009, State Bureau of Investigation agent John Kaiser was requested to assist in a fresh look into the 79-year-old's death.

Kaiser said he spent several days learning about the case, reading the thick case file and devising an investigative strategy.

Kaiser testified Tuesday that among all the reports and documents collected over the course of the investigation was a list of names of people labeled as suspects.

He said there were about 30 names on the list, including the name of Donald Eugene Borders.

Borders is now standing trial for the murder and rape of Tessneer. If convicted, he could face life in prison without parole.

SBI agent testifies on DNA evidence

Kaiser testified Tuesday that he and Shelby Police Detective Rich Ivey decided to go down the list and, using the DNA profile developed from the sperm found at the scene, either strike people off the list or discover a match.

Eventually they came to Borders' name.

Kaiser said he and Ivey first made contact with Borders in May of 2009. Kaiser said Borders was living at his mother's house on Doc Wehunt Road in Cherryville.

Borders initially refused to voluntarily offer a DNA sample, though the request and Borders' refusal were ruled inadmissible as evidence.

Borders denied requests for DNA evidence three times, according to court testimony given in a suppression hearing held in November 2012.

Kaiser said not long after that initial contact, he discovered Borders had an outstanding warrant for his arrest on an unrelated charge and asked James Brienza with the Gaston Police Department to serve that warrant.

He said he also asked Brienza to attempt to collect a DNA sample at the same time, such as from a drink cup or cigarette.

Brienza, who was a patrol deputy at that time, testified that he served the warrant while he was on a night shift.

He said he found Borders at his mother's house and during the course of serving the warrant, he noticed a pack of cigarettes on Borders' nightstand and asked him if he wanted to smoke before they left.

Brienza said he was able to collect a partially smoked cigarette from Borders, which he then turned over to Kaiser hours later.

The partially smoked cigarette, sealed in an evidence bag with dates and identifying marks, was unsealed by both Kaiser and Brienza and displayed from the stand for jurors to see Tuesday in court.

Kaiser said a DNA sample was developed from the cigarette butt and proved to be a match from the DNA sample.

Borders was arrested not long after.

Former medical examiner testifies on cause of death

On Sept. 22, 2003, two days after Tessneer died, an autopsy was performed on her body.

Former chief medical examiner Dr. John Butts said, after the autopsy was performed by pathologist Dr. Steven Tracy, the two conferred on the results.

The medical examiner is responsible for listing the cause and manner of death on both the autopsy and death certificate.

"Her death, in my opinion, was at the hands of another individual," Butts testified Tuesday. "We concluded that cause of death was from asphyxiation for all likely purposes."

Butts said he reviewed Tessneer's medical report and it showed no medical history that could explain her sudden death.

He said he formed his opinion on her cause of death after reviewing all evidence supplied to him – including photos of the crime scene.

He said Tessneer's body was lying in an unusual position, draped crosswise on the bed, feet on the floor and arms extended.

He said along with the wound on her arm that had bled onto the bed, the extensive bruises found from her feet to her chest, disheveled clothing and an injury to her vagina, all pointed to death by external forces.

A rape kit collected at the time of the autopsy by Dr. Tracy revealed sperm in her vagina.

Butts said, in his experience, suffocation could be accomplished without leaving marks.

Defense attorney David Teddy moved to strike the line of questioning, declaring it "speculative."

Judge Richard Boner denied the motion.

Despite Butts and Tracy's shared opinion that Tessneer had had been suffocated, Butts verified that the autopsy listed an undetermined cause of death.

Teddy questioned both doctors about why the autopsy and death certificate still have a cause of death listed as undetermined if they felt she had been killed by suffocation.

Butts said using the term "change of opinion" is deceptive because he always had his suspicions about Tessneer's death and felt she had died of external factors from the start. He said he was hoping, during the course of the investigation, for additional information before changing the cause of death to something more definitive.

"We felt confident it was not due to an accident or natural causes...but couldn't put on paper a more definitive cause and knew further testing was being done," Butts testified.

He said he felt the case could be revisited further if more evidence came back.

Defense objects to testimony

Every few moments Tuesday, Teddy objected to the testimony.

The majority of objections were overruled or denied by Judge Boner.

Some testimony over the course of the day was heard twice. Teddy requested a hearing where Butts’ testimony was heard while the jury was out of the room.

Teddy said Butts’ testimony was based on suspicion, not science, and was unfairly prejudicial, contending it shouldn't be admitted as evidence.

Judge Boner denied the request.

Teddy also requested all copies of email correspondence between the medical examiner's office and the district attorney's office regarding the case, which he did not currently have.

The state said Tuesday it would collect that information.

Butts said his opinion that Tessneer's death was caused by suffocation further solidified when he learned the rape kit revealed the presence of sperm.

The state asked if Butts had done autopsies on individuals who had been known to be suffocated.

Butts said yes.

Assistant District Attorney Sally Kirby-Turner asked about the signs or injuries.

Butts said it is not uncommon to find a lack of injury, especially in the case of infants and elderly.